$~38 & 39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9269/2025 & CM APPL. 48386/2025 MUBINA .....Petitioner Through: Dr. Ashutosh & Ms. Fatima, Advs.

versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, SSC, CBIC with Ms. Suhani Mathur, Adv.

AND + W.P.(C) 9313/2025 & CM APPL. 48251/2025 GULISTA KHATOON .....Petitioner Through: Dr. Ashutosh & Ms. Fatima, Advs.

versus COMMISSIONER OF CUSTOMS .....Respondent Through: Mr. Harpreet Singh, SSC, CBIC with Ms. Suhani Mathur, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE SHAIL JAIN

O R D E R

% 18.12.2025

1. The hearing has been done through hybrid mode.

CM APPL. 48386/2025 in W.P.(C) 9269/2025 CM APPL. 48251/2025 in W.P.(C) 9313/2025

2. The present petitions have been filed by the Petitioners under Articles 226 and 227 of the Constitution of India, inter alia,seeking release of the two gold bangles weighing 117 grams (hereinafter, 'detained jewellery), seized by theCustomsDepartmentvide Detention Receiptdated 20thSeptember,2023. 3. These two petitions were disposed of by this court vide order dated 8^th July, 2025 whereby the action of the Customs Department in detaining the jewellery of the Petitioner was set aside in the following terms:

“20. Thus, it is now settled that the used jewellery worn by the passenger would fall within the ambit of personal effects in terms of the Rules, which would be exempt from detention by the Customs Department. In view of the above and considering the facts of the case, it is clear that the detained jewellery are the personal effects of the Petitioner. Accordingly, the detained jewellery would be liable to be released.

21. Under such circumstances,the detention of the Petitioner’s jewellery is not tenable. Accordingly, the said detention is set aside. The detained jewellery shall be released to the Petitioner within a period of two weeks. The Petitioner shall appear before the Customs Department on 21st July, 2025, and may collect the detained jewellery through an Authorised Representative, in which case, the detained jewellery shallbereleasedafterreceivingaproperemailfromthe Petitioner or some form of communication that the Petitioner has no objection to the same being released to the concerned Authorised Representative. The Petitioner shall pay the warehousing charges.

22. If any amount has been paid by the Petitioner for filing of the appeal by way of pre-deposit, the adjustment of the said amount shall be given qua the warehousing charges and only the remaining amount shall be paid by the Petitioner in the form of warehousing charges. The Order-in-Appeal and the Order-in-Original are thus set aside.

23. Accordingly, the present writ petition is disposedofinaboveterms.Allthependingapplications, if any, are also disposed of.”

4. Applications have been moved seeking compliance of the said order dated 8^th July, 2025. The initial stand of the Customs Department was that an SLP is being filed against the said order. However, till date, no SLP has been filed. Accordingly, let the order dated 8^th July, 2025 be given effect to.

5. The release of the goods shall be subject to the outcome of the SLP.

6. Foraperiodofsixmonths,thePetitionershallnotdisposeofthegoods. 7. Warehousing charges post 8^th July, 2025 shall not be liable to be paid. 8. The Petitioner shall appear before the Customs Department on 15^th January, 2026 at 11:00 AM either in person or through an Authorised Representative, in which case, a proper email from the Petitioner or some form of communication to be sent to the Customs Department that the Petitioner has authorised the concerned Authorised Representative to appear on behalf of the Petitioner. The Petitioner shall then appear virtually for the purposes of verification of credentials.

9. The Nodal Officer mentioned below shall facilitate the Petitioner’s appearance before the competent authority for compliance with the present order:

Mr. Mukesh Gulia, Superintendent, Legal Office of Commissioner, Customs IGI Airports, T-3, Ne